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Posted on March 11, 2017. It does not require any intent to violate law, or to injure another, or to acquire any advantage. The California Penal Code forms the basis for the application of criminal law in the state of California. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word “seal” against his or her name. § 832.7 (a) Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. Great Bodily Injury (Pen. To provide you with the most current information visit the California Legislative Information Website.. (7) The word “vessel,” when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in Sections 192.5 and 193.5, the word “vessel” means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. Section 830 (18) When the seal of a court or public officer is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. Florida (20) The word “section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned. (Amended by Stats. Sec. (16) Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning. Begin typing to search, use arrow keys to navigate, use enter to select. Pennsylvania (3) A teacher’s aide or teacher’s assistant employed by a public or private school. Sec. (3) The word “corruptly” imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. In the state of California, an individual may be accused of causing a “great bodily injury” in the course of committing a felony. Strike offenses can be either serious or violent. If you are interested in the complete text from the Government or Penal Code sections listed below, visit the California Legislative Information Website and type the specific code section number you are … (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses. (15) The word “writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word “process” a writ or summons issued in the course of judicial proceedings. While commonly referred to as “the world’s oldest profession,” prostitution is a criminal offense in California committed by those on both sides of the transaction. 1192.7. Find out more about Penal Code 12022.7 here, which deals with sentencing enhancements for charges involving great bodily injuries. It does not require any knowledge of the unlawfulness of such act or omission. CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Section 859.7. (15) The word “writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word “process” a writ or summons issued in the course of judicial proceedings. Art. (21) To “book” signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. (13) The word “month” means a calendar month, unless otherwise expressed; the word “daytime” means the period between sunrise and sunset, and the word “nighttime” means the period between sunset and sunrise. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: (1) The word “willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. IN order top be considered a “violent” felony, it must be listed under penal code section 667.5(c). (4) A classified employee of a public school. Section 297.5 of the Family Code 65. Serious Felony | California Penal Code 1192.7(c) PC. If a felony is serious or violent under California law then that felony is a “strike” in California. Terms Used In California Penal Code 7. Universal Citation: CA Penal Code § 7 (2019) 7. (3) The word “corruptly” imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. New York Updated September 13, 2020. (8) The words “peace officer” signify any one of the officers mentioned in Chapter 4.5 (commencing with (SB 1005) Effective January 1, 2017. The law authorizes vacatur only when there has been a constitutional or statutory violation of the defendant’s rights including, but not limited to, ineffective assistance of . In order to be a “serious” felony, it must be listed as a serious felony, penal code section 1192.7(c).. CA Penal Code § 7 (2017) Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word “person” includes a corporation as well as a natural person; the word “county” includes “city and … 1. Board of Patent Appeals, Preamble Indiana Art. Google Chrome, Art. Some California felonies may qualify as strikes. (7) The word “ vessel,” when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in Sections 192.5 and 193.5, the word “ vessel ” means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. In California, some felony charges are labeled as strike offenses. Definition and Elements of the Crime. PRELIMINARY PROVISIONS. Terms Used In California Codes > Penal Code > Part 3 > Title 7 Account: when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. (22) The word “spouse” includes “registered domestic partner,” as required by (2) An instructional aide. Penal Code 1192.7(c) sets forth a list of charges that are automatically charged as strike offenses. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. California Penal Code Section 11165.7. (6) The word “bribe” signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. Washington, US Supreme Court 7.23. (20) The word “section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned. Virginia § 637.7 (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. II - Executive North Carolina (5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel … Penal Code §1473.7(a)(1) states the general basis on which a motion to vacate can be made: The conviction or sentence is legally invalid due to a prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: (1) The word “willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. 193.5 California Penal Code Sec. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? (5) The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. (b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle. Art. California Penal Code § 1473.7 exclusively vacates convictions for substantive and procedural defects. subdivision (c) of Section 651 of the Harbors and Navigation Code, Read this complete California Code, Penal Code - PEN § 7 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. See California Government Code 21254 . (16) Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning. (7) The word “vessel,” when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in subdivision (c) of Section 651 of the Harbors and Navigation Code (5) The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. US Tax Court 2019 California Code. Section 7. 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